P ROJAMANI Vs. M R O

JUDGEMENT

(1.) Order passed in unnumbered I.A. of 1997 which is filed under Order 1 Rule 10 read with Section 151 of CPC in L.A.O.P. No.39 of 1990 by the Subordinate Judge, Rajam, dated 29-1-1997 is assailed on various grounds in this revision.

(2.) Few facts are necessary for disposal of this revision, Which are as under: The Land Acquisition Officer acquired Ac.21-81 cents of land belonging to Sri Jagannadha Swamivari Temple, Palakonda in the year 1981 for the purpose of construction of houses to the weaker sections. After completion of land acquisition proceedings, the award was passed in Award No.1/86-87. As the award was passed, the Executive Officer of Sri Jagannadha Swamivari Temple, Palakonda (Decree-holder in L.A.O.P.No.l5 of 1987) filed E.P.No.19 of 1990 on the fileof the Sub-Judge,Rajam and obtained warrant for execution of the order passed in LAOP No.15 of 1987. However, the execution proceedings have not reached finality as a result of the stay order granted by the High Court of Andhra Pradesh in CMP No.1533 of 1990 in A.S. No,1654 of 1988 against the LAOP No.15 of 1987.

(3.) Few cultivating tenants of the above temple lands have also filed their claims under Section 30 of the Land Acquisition Act claiming compensation on the ground that they are the cultivating tenants of the temple lands during the relevant period of acquisition and are entitled for compensation and sought a reference under Section 30 of the A ct to the Civil Court. On the basis of these claims by the tenants, the Land Acquisition Officer referred their claims to the Civil Court, i.e., Court of the Subordinate Judge at Rajam under Section 30 of the Land Acquisition Act for the apportionment of compensation awarded by the said Court under Section 18 of the Act and the said reference was numbered as L.A.O.P.No.39 of 1990.